The family of one of the 67 American Airlines passengers killed in a devastating plane crash has filed two legal claims against the federal government. They are seeking compensation for the January 29 mid-air collision between American Airlines Flight 5342 and a U.S. Army Black Hawk helicopter near Ronald Reagan National Airport—the worst plane crash in the United States in nearly 25 years. Both aircraft plunged into the icy Potomac River, claiming the lives of everyone on board.
The claims, filed by the family of American Airlines passenger Casey Crafton, are the first of what is expected to be numerous legal actions against the U.S. government. The family is represented by Chicago Attorney Robert A. Clifford, Esq., who has also requested that companies connected to the crash preserve all evidence, stating, “The families are entitled to answers.”
The National Transportation Safety Board (NTSB) is leading the federal investigation into the collision. While no official cause has been determined, preliminary reports suggest that missed instructions from air traffic control to the helicopter pilots may have contributed to the crash. Aviation experts anticipate that multiple safety failures will be identified, as is common in most aviation disasters.
The Crafton family’s legal claims were filed under the Federal Tort Claims Act, which allows individuals to seek compensation from the federal government for personal injury, property damage, or wrongful death. One claim was filed against the Federal Aviation Administration (FAA), which oversees air traffic control, while the other was lodged against the Army. The family is seeking $250 million per claim, totaling $500 million in compensation.
If the FAA or the Army denies the claims or fails to respond within six months, the family can proceed with a lawsuit in federal court. However, Clifford stated that they are awaiting the NTSB’s preliminary report before deciding on the next steps. The preliminary report is expected within weeks, though a final determination of probable cause may take one to two years.
Clifford also emphasized that airlines bear ultimate responsibility for passenger safety. He pointed to ongoing safety concerns at Reagan National Airport, including air traffic congestion and previous near-collisions, as factors that should not be ignored.
On the night of the crash, the Army helicopter crew had requested permission from air traffic control to use visual separation, a method where pilots maintain distance by relying on direct line of sight. Air traffic control granted the request, but lingering questions remain regarding potential confusion in communications or whether the helicopter pilots may have mistakenly tracked the wrong aircraft.
The NTSB has already cited two instances in which the helicopter crew may not have fully received air traffic control’s messages. The tragedy also highlights mounting concerns about the strain on the U.S. air traffic control system, which has faced staffing shortages and increased workload in recent years.
The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates is a premier personal injury law firm serving the greater Washington, D.C. region. For information regarding our extensive legal services or to schedule a free consultation, call 202-223-4488 or contact us online. Located in Washington, D.C., we serve clients throughout the surrounding areas, including Northern Virginia and Maryland.
